V R BHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 26th June 1967 of the High Court at Bombay convicting Vishwanath Raghunath Bhate, Yeshwant Krishna Karmarkar and Ismail Shaikh Daud Pawaskar, accused Nos. 1, 4 and 5 respectively under Section 282 of the Indian Penal Code. Accused No. 1, Bhate was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000 and in default to undergo a further rigorous imprisonment for one month. Accused No. 4 Yeshwant Krishna Karmarkar was sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 1,000 and in default to undergo a further rigorous imprisonment for one month. Accused No. 5 Pawaskar who was the captain of the launch was sentenced under section 282 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 500 and in default to undergo rigorous imprisonment for one month.

(2.) The High Court also convicted accused Nos. 1, 2, 4 and 5, viz., V. R. Bhate, Ganesh Krishna Karmarkar, Yeshwant Krishna Karmarkar and Ismail Shaikh Daud Pawaskar, for offences under section 58 of the Inland Steam Vessels Act. No separate sentence was passed on accused Nos. 1, 4 and 5 viz., V. R. Bhate, Yeshwant Krishna Karmarkar and Ismail Shaikh Daud Pawaskar under Section 58 of the Inland Steam Vessels Act, 1917 though their convictions under the said section were confirmed and the separate sentences imposed by the Sessions Judge were set aside. The fine of Rs. 990 at the rate of Rs. 10 per extra passenger was imposed on Ganesh Krishna Karmarkar, accused No. 2 and in default simple imprisonment for one month.

(3.) V. R. Bhate, Ganesh Krishna Karmarkar, Madhusudan Krishna Karmarkar and Yeshwant Krishna Karmarkar, accused Nos. 1, 2, 3 and 4 respectively and one Anant Krishna Karmarkar since deceased were partners of a firm under the name and style of Shrikrishna Motor Launch Service. The said firm had its head office at Veavi and also another office at Bombay. The firm used to ply its motor launches, whereof M. L. Hyderi was one, in the Bankot creek in Kolaba District, Bombay and used to carry passengers on hire from Bagamandale to Dasgaon. There are 28 ports in all in this creek. Bagamandale is the first and Dasgaon is the last port. Port Mhapral where the incident forming the subject matter of this appeal took place on 1st January, 1962 is the 26th Port. Accused No. 5 Pawaskar was the master of the launch. Accused No. 6 Ramchandra was the ticket collector. The other five accused formed the crew of the launch in question.